San Clemente Boundary Dispute Lawyers and San Clemente Title Attorneys

Title & Boundary Dispute Law in California

Finding out that property lines are improperly drawn and learning that you have been partially occupying your neighbor's land, or vice versa, can cause some very serious legal issues.

Sometimes, neighbors will decide amongst themselves that the issue isn't worth fighting over, and will go on as they did before. This is especially likely if the neighbors are on good terms, and the difference between their use of the land, and the actual property lines, is small (say, a few feet or less). This is an ideal situation, at least in the short term. It can, nonetheless, cause problems in the future - preventing a neighbor from enforcing the actual property lines, if they suddenly have a reason to do so.

In these cases, what often happens is that the owner of the property which is really larger than he initially believed (due to the property line not being where he thought it was) wants to make use of the further property, and eject his neighbor from it. The other neighbor, on the other hand, will want to keep using the land as before, to avoid having his property shrink.

People in San Clemente, California should also be aware of the possibility of title (ownership) disputes. Unlike the boundary disputes considered above, the outcome of a title dispute can decide who owns an entire parcel of real property. Confusion over who actually owns a piece of property is more common that some people might imagine. Many local property records are still kept on paper, are not very well-organized, and sometimes date back a hundred years or more. A lost or misfiled deed is the most common way for a title dispute to arise. However, sometimes fraud on the part of a seller can lead to title disputes. Unscrupulous individuals will sometimes try to sell the same piece of land to more than one person. And some people even try to sell property they don't own, occasionally succeeding (and this isn't just limited to bridges in London). Normally, once the buyers discover they've been duped, the "seller" is nowhere to be found, leaving them to figure out who owns the land they all thought they had purchased.

Possible Outcomes of Boundary and Title Disputes in San Clemente, California

One possible result of a boundary dispute is a court effectively re-drawing the boundaries to fit what the neighbors had perceived. This is most commonly done if the neighbors were aware for a long time of the "real" property lines, and didn't do anything about it. It also helps if the neighbor who is encroaching makes major improvements to the land, and enforcing the new property lines would place a major burden on him.

On the other hand, a court could determine to take the opposite approach, and order the neighbors to abide by the legal property lines. When deciding which course of action to take, courts consider many factors, but majority of them boil down to common-sense principles of fairness. For instance, if the owner of the land who was encroaching onto his neighbor's land knew of the encroachment, and hid this fact from the other neighbor (hoping to continue to use more land than he paid for), that will weigh heavily in favor of enforcing the legal property lines. On the other hand, if neither neighbor knew about the error, and it turns out that the actual property line goes through somebody's living room, a court likely won't enforce them.

With title disputes (as opposed to the boundary disputes discussed above), a San Clemente, California court has to determine who owns an entire parcel of land. There are some pretty complicated legal issues involved here.

Without delving into the specifics too much, courts normally resolve title disputes by looking at who recorded the deed first, and whether or not that person had notice of any prior sales of the same land. To win in a dispute like this, a buyer will typically need to prove that they were the first to record their deed, and that they had no notice (or reason to know) of any prior conveyances of the same land.

What Can A San Clemente, California Attorney Do?

As you might have gathered, it's not uncommon for the legal issues controlling boundary and title disputes to get very complicated. Additionally, any dispute that can affect one's use or ownership of land has very high stakes (land isn't normally cheap, after all). Therefore, it shouldn't come as a surprise that hiring a competent San Clemente, California real estate lawyer to help in situations like this is always a good idea.

Nick Muller was very helpful to me about my case. He understood what I needed and he was very quick to get the job done. I am very grateful for his help

by Pat Hill, 11/12/2016

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Accountant

by Carolyn Oland, 06/10/2016

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thanks!

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Was incredible, just who we needed to represent us with our needs.

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We was also very quick to handle my case.
I will definitely hire him again.

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Mr. Muller was very clear in what he would do for me and the outcome was better than I could have asked. Many Thanks!

by Drew Cassidy, 10/05/2015

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Excellent in all areas. I have already recommended him to others in the area.

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Nick was amazing. Not only did he take the time to fully understand our questions and needs, but he put in time outside of business hours when he really didn't have to. It's that kind of dedication that we were looking for, and for that, we are very thankful. We will definitely use Nick again of the need arises.

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Nick Muller is an asset to the Legal community. Thanks for having Nick Muller on your team!

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Great Lawyer that won my case for me! Nicholas was prompt, knowledgeable, and very friendly. His pricing was fair and what I expected. I would use him again.

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I would absolutely hire Mr. MULLER again. He reached out instantly and his help was almost as quick. He was very affordable and after hiring him my rental nightmare ended and can now sleep again. I would highly recommend him. I seriously wanted to drive to Golden and hug him. He has followed up numerous times, but not overbearing. Superb service. Thank you again Mr. MULLER.

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Mr. Mueller was absolutely wonderful to work with!! He was always quick to respond to my issues and questions about my case!! He worked expeditiously and with persistence to resolve the matter with an outcome much better than I had expected!! His kind and professional manner made it very easy to work with him again and I will absolutely use him again in the future should I have another need to retain legal services. I highly recommend him!! Thanks Nick!!

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This was the best legal experience I've ever had and I have had many personally and professionally. Nick is excellent at digesting a great deal of information in a short period of time, acting swiftly to move the matter forward in a professional manner. He is adept at handling various personality types and view points without losing sight of the desired legal outcome. I would recommend him without reservation to anyone needing legal expertise.

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CLIENT REVIEWS

Carl M.

Seattle, WA

Real Estate, Housing & Property Law

Rating
(3 users)

Overall

Responded in a timely manner

Answered questions clearly

Understood needs

Gave complete and clear information

Knowledgeable in legal area

Good value for money

Would hire again

100%

Would recommend to friend

100%

by Loren Martin, 04/03/2017

I was absolutely pleased with the services Carl Marquardt provided. He was extremely knowledgeable and had an amazing ability to produce clear and precise written arguments. I now understand how essential it is to hire a skilled, professional lawyer. Mr. Marquardt keeps things focused and organized which in the end, made our adversaries lawyer seem less skilled. Carl Marquardt is fair and will be attentive to your needs. He is happy to explain what is going on and will gladly listen to your questions and concerns. I would hire him again without hesitation, and I guess I should include he won for us as well. Thank You!

by Andrea Rosenthal, 04/18/2016

by Richard Campbell, 05/01/2015

CLIENT REVIEWS

David A.

Walnut Creek, CA

Real Estate, Housing & Property Law

Rating
(15 users)

Overall

Responded in a timely manner

Answered questions clearly

Understood needs

Gave complete and clear information

Knowledgeable in legal area

Good value for money

Would hire again

100%

Would recommend to friend

100%

by Emma Toney, 03/01/2016

by Alan Ledford, 01/05/2016

by ewa kiersnowski, 07/22/2014

The legal help was precise, to the point and worth every penny. It gave me personal satisfaction of being represented as a woman confronting a large business corporation. Thank you !

by Brian (Bud) Clark, 09/10/2013

I am very impressed with "Legalmatch", The attorney follow up, and two referral lawyers got right with me immediately. Initially my only concern with David was distance apart. We spoke when "need be", and he covered more, "in depth" information in regards to my case, that may result in my favor. I consider him my new Business Attorney! I recommend David Anderson ESQ. of Walnut Creek, CA. He is personable, efficient and precise! Thanks Again!

by John Stewart, 01/31/2012

David responded timely and gave me the information/service I needed. I would recommend David and request his service in the future if needed.

by ernest taylor, 10/18/2010

Mr Anderson provided us with outstanding representation. We actually obtained what our goal was, and I am confident it was because of Mr Anderswon's representation. Highly competent and knowledgeble of the real estate arena.

by Mary Glass, 12/19/2009

He did the best job for my case. The judical system is lacking fair trials especially when it comes to the good old boy system in Lake County.

by Robert Mesman, 07/22/2009

Mr. Anderson responded to my problem regarding a promissory note matter. I could not find another attorney who would take my case without paying a large up front fee. Mr. Anderson took my case on with no up front fee and did all the work on contingency. In the end Mr. Anderson settled my case out of court and we got what I consider a very good settlement. I would definitely recommend Mr. David Anderson to anyone looking for professional legal help. He always called or emailed me back each day and never left me wondering what was going on. I thank him very much for his hard work.

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Mr. Anderson was extremely courteous, responsive, and professional. He took time to explain my options and helped explore possible outcomes with me before proceeding with my case. He was quick to respond to every communication and made me feel like I was his only client (which is rare in my experience with other attorneys). I would recommend Mr. Anderson again, without hesitation!

by Lisa Shobe, 10/09/2008

Mr. Anderson's professionalism was evident with every interaction that we shared. He listened well, researched, and patiently reviewed all of the legal options for my issue. At the close of our relationship, he mailed the remaining balance from my account within an hour of the request, and sent e-copies of all reference files from his findings. Great job!

by Charles Bannerman, 07/31/2008

The lawyer did an outstanding job taking care of my problem. He did not try to extrapolate the problem into something bigger or more complicated in order to make more money for me and himself even though the odds are good that such a course of action would be profitable. I hired Davis even though he was the most expensive lawyer I consulted. Looks like I made a good choice.

by Bob SCOGGIN, 02/22/2008

All I can say is, satisfaction was great

Thanks to Mr. David Anderson

by Michael AZZOPARDI, 03/29/2007

I would definitely use Mr. David Anderson again. He promptly returns all your calls and is very kind and understanding of your needs.
I would definitely recommend him to any family or friends of mine.

Michael Azzopardi

by Marie Hingada, 04/19/2006

Mr. Anderson was very knowlegable and helped me through a stressful time. He drafted a trial brief. He understood the time I had to file and immediatly worked on the case. I went to court feeling scared but confident. I won the case. I would hire Mr. Anderson again and would recommend him to everyone.